CRIM 332 Lecture Notes - Lecture 4: Color Blindness, Eurocentrism, Indian Act
8 Dec 2016
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Formal equality: rule of law, all equal (sameness), discrimination is unlawful but differences in experiences (group circumstances) not usually recognizes. Substantive inequality: discrimination continues in practice no systemic or structural change. Often seen as the result of individuals not trying/working hard enough/making wrong choices vs. systemic and institutionalized practices e. g. glass ceiling, high rates of incarceration, etc. Equality cannot always result from equal treatment (sitar, 2016, p. 257) Norms remain unquestioned as well as institutionalized practices as well as state power. Also unquestioned is the legitimacy of the law and how it can recognize injustice. Contradictions in law: recognition of historical sexual assault as negligence and breach of fiduciary duty vs. limitations placed on cultural loss as an actionable tort : implications for settler illegitimacy to do so (p. 182) Eurocentric notions rooted in individualism land as private property and ownership/possession (indigenous peoples as a collective become property: indigenous people were a collective property of the state.
